Extracted from the PDF above. The PDF is authoritative.
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CGHC010322322026
2026:CGHC:37170
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1356 of 2026 1 - Harnarayan Jaysawal S/o Shri Tirith Ram Jaysawal Aged About 31 Years R/o Village Bhatmahul, P.S. Hasaud, Distt. Sakti, Chhattisgarh.
... Applicant(s) versus 1 - State of Chhattisgarh Through S.H.O., P.S. City Kotwali, Janjgir Champa, Chhattisgarh.
... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate For Respondent(s)/State : Ms. Ritika Verma, Panel Lawyer For Objector : Mr. Ishwar Jaiswal, Advocate Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 19.08.2026
1. This is the first anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicant, who apprehends his arrest in connection with Crime No. 508/2026, registered at Police Station City Kotwali, Janjgir, District Janjgir- Champa (C.G.), for the offences punishable under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. RUCHI YADAV Digitally signed by RUCHI YADAV
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2. As per the prosecution story, in brief, it is alleged that the prosecutrix lodged a written complaint on 03.07.2026 at Police Station City Kotwali, Janjgir, alleging that the applicant, who is known to her and belongs to the same village, had been assuring her of marriage since 2021 and, on the pretext of marriage, established physical relations with her against her will. It is further alleged that when she became pregnant, the applicant caused her abortion and continued giving false assurances of marriage. It is also alleged that on 21.06.2026, the applicant left her on the pretext of convincing his parents and threatened her with dire consequences, including making her private photographs and videos public, when she approached the Panchayat regarding their relationship. On the basis of the said complaint, Crime No. 508/2026 was registered at Police Station City Kotwali, Janjgir, District Janjgir-Champa (C.G.), for the offences punishable under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the prosecutrix is a major married woman, aged about 38 years, and is a mother of two children. The applicant and the prosecutrix were in a consensual relationship and had been residing together in a rented house, during which they voluntarily travelled to different places and took photographs together. It is further submitted that the applicant is a farmer, has no intention to abscond, is ready to cooperate with the investigation and abide by all the conditions imposed by this Court. Hence, it is prayed that the applicant be granted anticipatory bail. 4. Per contra, learned State counsel opposes the application and submits that the allegations against the applicant are serious in nature. It is
3 alleged that the applicant established physical relations with the prosecutrix on the pretext of marriage, caused termination of her pregnancy and thereafter threatened her.
Learned State counsel further submits that the matter is under investigation and, therefore, the applicant is not entitled to the benefit of anticipatory bail. 5.
Learned counsel appearing for the objector also opposes the application and submits that the relationship between the parties was not consensual, as alleged by the applicant. It is submitted that the applicant repeatedly assured the prosecutrix of marriage and, on such assurance, established physical relations with her. It is further alleged that when the prosecutrix became pregnant, the applicant got her pregnancy terminated on two occasions and thereafter continued to evade marriage. On these grounds, learned counsel for the objector prays for rejection of the application. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Having considered the entire facts and circumstances of the case, this Court finds that the prosecutrix is a major woman aged about 38 years and is a mother of two children. It is also not disputed that the applicant and the prosecutrix were acquainted with each other and had been in a relationship for a considerable period. At this stage, without commenting upon the merits of the case, considering the overall facts and circumstances of the case, the age and marital status of the prosecutrix, the fact that she is a mother of two children and the applicant's willingness to cooperate with the investigation, this Court is of the considered view that the applicant is entitled to the benefit of anticipatory bail. 4
8. Accordingly, the instant MCRCA is allowed and it is directed that, in the event of arrest of the applicant Harnarayan Jaysawal, in connection with Crime No. 508/2026, registered at Police Station City Kotwali, Janjgir, District Janjgir-Champa (C.G.), for the offences punishable under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail upon executing a personal bond and furnishing one surety in the like amount to the satisfaction of the arresting Officer, subject to the following conditions:- (a) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court. (b) He shall not act in any manner which may be prejudicial to a fair and expeditious trial. (c) He shall appear before the Trial Court on each and every date fixed by the said Court till disposal of the trial.
(d) The applicant and the surety shall submit a copy of their Aadhaar cards along with a full-size coloured postcard photograph bearing the printed Aadhaar number, which shall be verified by the Trial Court. (e) He shall not involve himself in any offence of a similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi